Kirgan v. Parks

BLOOM, Judge.

The principal question raised on this appeal is whether a testamentary beneficiary can maintain a cause of action, either ex contractu or ex delicto, against the testator’s attorney for alleged negligence in drafting the will in such manner that the beneficiary did not receive what she believes the testator intended to leave her. Our answer to that question is “a definite maybe.” 1 To that equivocation we add, “But, in any event, not if the asserted testamentary intention is not apparent on the face of the will.” Other questions presented by this appeal involve somewhat more…